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HomeMy WebLinkAbout2011 CON Dept of Transportation - 4th Street Community Corridor Bikeway ProjectLOCAL AGENCY - STATE AGREEMENT For BICYCLE TRANSPORTATION ACCOUNT PROJECT 11 City of National City Agreement No. BTA 1112-11-SD-03 District Local Agency THIS AGREEMENT, made in triplicate entered into effect as of this 1st day of July 2011, by and between the political entity identified above, a political subdivision of the State of California, hereinafter referred to as "LOCAL AGENCY", and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and together referred to as "PARTIES" or individually as a "PARTY". WITNESSETH: WHEREAS, under the provisions of Streets and Highways Code Section 2106 (b) and Sections 890 through 894.2, as implemented by regulations in Title 21, Division 2, Chapter 10, of the California Code of Regulations, Bicycle Transportation Account funds (herein referred to as STATE FUNDS) have been allocated to LOCAL AGENCY for the Bicycle Transportation Account project defined in "EXHIBIT A" attached hereto and hereafter referred to as "PROJECT": and Whereas, before STATE FUNDS will be made available for PROJECT, LOCAL AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the LOCAL AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW THEREFORE, the PARTIES agree as follows: ARTICLE I - Project Administration 1. This AGREEMENT shall have no force or effect with respect to PROJECT unless and until it has been fully executed by both STATE and LOCAL AGENCY, 2. EXHIBIT A designates the party responsible for implementing PROJECT, type of work, and location of PROJECT. 3. LOCAL AGENCY agrees to execute and return AGREEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may void AGREEMENT if not returned within the ninety (90) day period unless otherwise agreed by STATE in writing. 4. LOCAL AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in EXHIBIT A, to comply with the terms and conditions of this AGREEMENT. BTA 1112-1 I -S D-03 1 5. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of the executed AGREEMENT. 6. Projects allocated with STATE FUNDS from the Bicycle Transportation Account (BTA) will be administered in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 7. LOCAL AGENCY shall provide or arrange for adequate supervision and inspection of PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, LOCAL AGENCY shall provide a full-time employee to be in responsible charge of PROJECT. 8. LOCAL AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 9. The cost of maintenance, security, or protection performed by LOCAL AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 10. LOCAL AGENCY shall design and construct PROJECT in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 11. LOCAL AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. 12. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. LOCAL AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM attached hereto as Exhibit B and further agrees that any agreement entered into by LOCAL AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit B (with third party's name replacing LOCAL AGENCY) as parts of such agreement. 13. LOCAL AGENCY shall include in all subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirement that all workers employed on public works aspects of any project (as defined in California Labor Code § 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the LOCAL AGENCY. BTA! I I2-1 I -S D-03 ARTICLE II - Rights of Way 1. No contract for the construction of PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, LOCAL AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposcs or will be available by the time of award of the construction contract. 2. The furnishing of right of way by LOCAL AGENCY as provided for herein includes, and is limited to, the following: a) Expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting casements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by LOCAL AGENCY. b) The cost of furnishing of right of way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners or remainder real property not actually taken but injuriously affected by PROJECT. c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code Sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d) The cost of demolition and/or the sale of all improvements on the right of way after credit are recorded for sale proceeds used to offset PROJECT costs. c) The cost of unavoidable utility relocation, protection, or removal. f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which LOCAL AGENCY accepts responsibility and where the actual generator cannot be identified and recovery made. 3. LOCAL AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for PROJECT, including, but not limited to, being clear as certified, or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with federal and state laws. LOCAL AGENCY shall pay from its own non -matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to LOCAL AGENCY for the orderly prosecution of PROJECT work. BTA 1 112- I I -S D-03 3 4. If PROJECT is not on STATE -owned right of way, PROJECT shall be designed and constructed in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 5. If PROJECT involves work within or partially within STATE -owned right of way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual, Highway Design Manual, and California Manual on Uniform Traffic Control Devices and where appropriate, an executed cooperative agreement between STATE and LOCAL AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. LOCAL AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE right of way or work which affects STATE facilities. ARTICLE 111 - Engineering 1. LOCAL AGENCY eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration. 2. LOCAI. AGENCY eligible costs for construction engineering includes actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Preliminary and construction engineering costs included in the estimate contained in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY will be on the basis of the actual cost thereof to LOCAL AGENCY including compensation and expense of personnel working on PROJECT, required materials, and automotive expense provided, however, LOCAL AGENCY shall contribute its general administrative and overhead expense. 4. LOCAL AGENCY employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. 5. LOCAL AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT. BTAI 1 12-1 I -S D-03 4 6. LOCAL AGENCY shall certify compliance or documentation of Categorical Exemption determination with the applicable provisions of the California Environmental Quality Act (CEQA) as defined in Title 14, California Code of Regulations, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act. ARTICLE IV - Maintenance and Management 1. LOCAL AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, LOCAL AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon LOCAL AGENCY acceptance of the completed construction contract, or upon the contractor(s) being relieved of the responsibility for maintaining and protecting PROJECT, LOCAL AGENCY will be responsible for the maintenance, ownership, liability, and expense thereof for PROJECT in a manner satisfactory to the authorized representative of STATE, and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of LOCAL AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, LOCAL AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representative of the STATE. 3. PROJECT and its facilities shall be maintained by an adequate and well -trained staff of engineers and/or such other professionals and technicians, as PROJECT reasonably requires. Said operations and maintenance staff may be employees of LOCAL AGENCY, another unit of government, or contractor under agreement with LOCAL AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the completed PROJECT improvements. ARTICLE V - Fiscal Provisions 1. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT. 2. STATE shall have the right to terminate this AGREEMENT if a contract for construction of PROJECT has not been awarded by LOCAL AGENCY within the first fiscal year in which STATE FUNDS are allocated. 3. STATE shall have the right to terminate this AGREEMENT if PROJECT costs have not been invoiced by LOCAL AGENCY within the first fiscal year in which STATE FUNDS are allocated, and as a minimum, to submit invoices at least once every six (6) months thereafter. BTA I 1 12-I I -S D-03 5 4. LOCAL AGENCY may submit signed invoices in arrears for reimbursement of allowable PROJECT costs on a monthly or quarterly progress basis once the AGREEMENT has been executed by STATE. 5. LOCAL AGENCY agrees to submit a status report within thirty (30) days upon STATE'S request fbr the report. The PARTIES agree that STATE may void AGREEMENT if the status report is not returned within the thirty (30) day period unless otherwise agreed by STATE in writing. 6. LOCAL AGENCY agrees to complete PROJECT and submit a final invoice by April 1, 2017. STATE shall pay to LOCAL AGENCY the STATE FUNDS share of the actual cost of the PROJECT prior to June 30, 2017, the expiration date of STATE FUNDS included in this PROJECT. 7. Invoices shall be submitted on LOCAL AGENCY letterhead that includes the address of LOCAL AGENCY and shall be formatted in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 8. Invoices must have at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by LOCAL AGENCY. All costs charged to this AGREEMENT by LOCAL AGENCY shall be costs allowable under the California Bicycle Transportation Act. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of canceled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 9. Payments to LOCAL AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by LOCAL AGENCY. 10. State will withhold ten (10) percent of the total of all STATE FUNDS for each progress invoice until LOCAL AGENCY submits the final invoice. 11. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, the required matching funds, and the ratio of STATE FUNDS to LOCAL AGENCY funds may not be adjusted to cover PROJECT cost increases. LOCAL AGENCY agrees that any increases in PROJECT cost must be defrayed with LOCAL AGENCY'S own funds. 12. LOCAL AGENCY shall use its own non -STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make a final determination of LOCAL AGENCY cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs. BTA 1 1 12-11-S D-03 6 13. STATE FUNDS encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State Fiscal Year in which the funds were appropriated in the State Budget. STATE FUNDS not liquidated within this period will be reverted unless a Cooperative Work Agreement (CWA) is submitted by LOCAL AGENCY and approved by the California Department of Finance in accordance with Government Code Section 16304. 14. The estimated costs of PROJECT are shown in EXHIBIT A. LOCAL_ AGENCY may, at its option, award contracts for amounts in excess of said estimates, and final project expenditures may exceed said estimates if sufficient local funds are available to finance the excess. It is understood that the allocation of STATE FUNDS shall not exceed that shown in EXHIBIT A. 15. In the event LOCAL AGENCY'S final costs of PROJECT are less than said estimate by reason of low bid or otherwise, the allocation of STATE FUNDS will be decreased in relationship to the percent funded by STATE as shown in EXHIBIT A. 16. Exhibit C defined as the "Certification of State Funding" template, shall be made a part of and completed by STATE, prior to execution of this agreement. 17. Upon written demand by STATE, any overpayment to LOCAL AGENCY of amounts invoiced to STATE shall be returned to STATE. ARTICLE VI - Audits, Third Party Contracting, Records Retention and Reports 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and LOCAL AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article VI. 2. LOCAL AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJ ECI'. The accounting system of LOCAL AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles; enable the determination of incurred costs at interim points of completion; and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance and costs of LOCAL AGENCY'S contracts with third parties pursuant to Government Code Section 8546.7, LOCAL AGENCY, LOCAL AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited BTAI 112-11-S D-03 7 to, the costs of administering those various contracts. All of the above -referenced parties shall make such AGREEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to LOCAL AGENCY. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and LOCAL AGENCY shall furnish copies thereof if requested. 4. Any subcontract entered into by LOCAL AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article V, FISCAL PROVISIONS, and this ARTICLE VI, AUDITS, THIRD -PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 5. To be eligible for local match credit, LOCAL AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE V in the same manner that is required of all other PROJECT expenditures. 6. In addition to the above, the pre -award requirements of third -party contractor/consultants with LOCAL AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. ARTICLE VII - Miscellaneous Provisions 1. LOCAL AGENCY agrees to use all PROJECT funds reimbursed hereunder only for Bicycle Transportation Account purposes that are in conformance with Streets and Highways Code Sections 890 through 894.2 and other applicable California laws. 2. LOCAL AGENCY shall conform to all applicable state and federal statutes and Local Assistance Program Guidelines (LPGL) and Local Assistance Procedures Manual (LAPM) as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. Minor changes may be made in the PROJECT as described in Exhibit A upon notice to STATE. No major change, however, may be made to said PROJECT except pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY. BTA1112-11-SD-03 8 5. LOCAL AGENCY and the officers and employees of LOCAL AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees, or agents of STATE. 6. LOCAL AGENCY certifies that neither LOCAL AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and LOCAL AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. LOCAL AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by LOCAL AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE'S discretion, to deduct from the price of PROJECT, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code, section 10296, LOCAL AGENCY hereby certifies under penalty of perjury that no more than one final unacceptable finding of contempt of court by a federal court has been issued against LOCAL AGENCY within the immediate preceding two (2) year period because of LOCAL AGENCY'S failure to comply with an order of a federal court that orders LOCAL AGENCY to comply with an order of the National Labor Relations Board. 9. LOCAL AGENCY shall disclose any financial, business or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT. LOCAL AGENCY shall also list current contractors who may have a financial interest in the outcome of PROJECT undertaken pursuant to this AGREEMENT. 10. LOCAL AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROD ECl' initiated under this AGREEMENT. 11. LOCAL AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion; to terminate this AGREEMENT without liability; to pay only for PROJECT work actually performed; or to deduct from PROJECT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE'S Contract Officer, who may consider any written or verbal evidence submitted by LOCAL AGENCY. The BTA 1112- I I -S D-03 9 decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 13. Neither the pending of a dispute nor its consideration by Contract Officer will excuse the LOCAL AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under, or in connection with any work, authority or jurisdiction of LOCAL AGENCY arising under this AGREEMENT. It is understood and agreed that LOCAL AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under this AGREEMENT. 15. Neither LOCAL AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under, or in connection with any work, authority or jurisdiction of STATE arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the LOCAL AGENCY and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) LOCAL AGENCY failing to timely proceed with effective PROJECT work in accordance with this AGREEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT, STATE reserves the right to terminate funding for PROJECT upon thirty (30) days written notice to LOCAL AGENCY. 17. No termination notice shall become effective if within thirty (30) days after receipt of a Notice of Tejinination, LOCAL AGENCY either cures the default involved, or if the default is not reasonably susceptible of cure within said thirty (30) day period the LOCAL AGENCY proceeds thereafter to complete that cure in a manner and timeline acceptable to STATE. 18. Any such termination shall be accomplished by delivery to LOCAL AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt; specifying the reason for the termination; the extent to which funding of work under this AGREEMENT is terminated, and the date upon which such termination becomes effective if beyond thirty (30) days after receipt. During the period before the effective termination date, LOCAL AGENCY and STATE shall meet to attempt to resolve any dispute. If STATE terminates funding for PROJECT with RTA 11 12-1 1-S D-03 10 LOCAL AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay LOCAL AGENCY the sum due LOCAL AGENCY under this AGREEMENT prior to termination, provided; however, LOCAL AGENCY is not in default of the terms and conditions of this AGREEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due LOCAL AGENCY. 19. The "PROJECT" shall be constructed as provided in this AGREEMENT and in accordance with those laws applicable to LOCAL AGENCY. In the case of inconsistency or conflicts, the terms of this agreement shall prevail. 20. Without the written consent of STATE, this AGREEMENT is not assignable by LOCAL AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation By (--1°o (5 PENNY GRAY, Bicycle Program Manager Bicycle Facilities Unit Division of Local Assistance Date: -Iah9/// Print Name: Ron Morrison Title: Mayor Date: September 27, 2011 13TA 1112-1 I -S D-03 11 EXHIBIT A r' ,. , s , °..i t . 1` ' PROJ J<. J►J "C t � i ' OS�T Local Agency: City of National City Agreement No. BTA11/12-11-SD-03 Project Location: Within the public right of way on 4th Street between Roosevelt Ave. and Harbison Ave. in National City, Ca. Type of Work: Design and construct 2 miles of Class II Bike Lanes, including signing and striping, traffic calming measures, ADA upgrades, lighting and landscaping. Length: 2.0 miles Funding Source Engineering / Des ign Right of Way Acquisition Construction Contract Total Cost Percent BTA $0 $0 $355,500 $355,500 29.63% Local $300,000 $0 $0 $300,000 70.38% Other $0 $0 $544,500 $544,500 Total $300,000 $0 $900,000 $1,200,000 100.00% BTA 1112-11-SD-03 12 EXHIBIT B FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM 1. In the performance of this AGREEMENT, LOCAL AGENCY will not discriminate against any employee for employment because of race, sex, sexual orientation, religion, age, ancestry, national origin, pregnancy leave, or disability leave. LOCAL AGENCY will take affirmative action to ensure that employees are treated during employment, without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical or disability leave. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising: layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. LOCAL AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided STATE setting forth the provisions of this Fair Employment section. 2. LOCAL AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 1290-0 ct seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs. Title 2, §7285.0, et seq.) The applicable regulations of the Fair Employment and Housing Commission Implementing Government Code, section 12900(a-1), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the LOCAL AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. LOCAL AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. The Contractor will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for purposes ofinvestigation to ascertain compliance with the Fair Employment section of this AGREEMENT. 5. Remedies for Willful Violations: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which LOCAL AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that LOCAL AGENCY has violated the Fair Employment Practices Act and has issued an order under Labor Code, section BTA 1112-1 I -SD-03 13 1426 which has become final or has obtained an injunction under Labor Code, section -1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this AGREEMENT either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services hereunder shall be borne and paid for by LOCAL AGENCY and by the surety under the perfonnance bond, if any, STATE may deduct from any moneys due or thereafter may become due to LOCAL AGENCY, the difference between the price named in the AGREEMENT and the actual cost thereof to STATE to cure LOCAL AGENCY'S breach of this AGREEMENT. BTAI 112-1 I-SD-03 14 BTA I 1 12-1 I -S D-03 15 EXHIBIT C CERTIFICATION OF STATE FUNDING BTA 1 112-1 I-SD-03, City of National City I hereby certify upon my own knowledge that budgeted funds are available for this encumbrance. Accounting Officer Date Funding t /.// I i (; .)} , , c ( ,,) I) Chapter Statues Item Fiscal Year PEC PECT Task Fund Code BTA Funds 33 2011 2660-101-0045 2011-2012 2030010 660 2200 0045 $355,500.00 Unit - 3330 Project #: 0012000117 Phase: S Encumbrance Document ID (CT) Charge District Appr Category Appr. Unit 50BTA3034800 50 1112 12101 STATE OF CALIFORNIA—BUSINESS. TRANSPORTATION AND HOUSING AGENCY EDMUND G BRQWN Jr. Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11 4050 TAYLOR STREET, M.S. 124 SAN DIEGO, CA 92110 PHONE (619) 278-3756 FAX (619) 220-5432 August 10, 2011 Ms. Maryam Babaki, City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Flex your power! Be energy efficient! Dear Ms. Babaki: The California Department of Transportation (Caltrans) District 11 congratulates you! The following City of National City (City) project has been approved for funding under the 2011- 2012 Bicycle Transportation Account (BTA) Program. Title: Ott' St. Communication Corridor Bikeway Project Description: Design and construct 2 miles of Class II bike lanes including signing and striping, traffic calming measure, ADA upgrades and lighting BTA Number STA1112_11_SD_ 03 BTA Funding of $355,500 BTA Award Recipient Requirement: To avoid potential loss or reallocation of BTA funding, agencies must follow requirements listed below: • Caltrans will mail the Local Agency -State Agreement to the City. It must be executed by the City and returned to Caltrans within..90. days of the postmarked. date. • Construction Contract must be awarded within the first fiscal year the funds are allocated. First invoice must be submitted within the first fiscal year of award and semiannually thereafter. • Status report must be submitted within 30 days of Caltrans' request. Note: Local agencies with a cooperative work agreement for BTA projects that is not yet completed are ineligible to compete for funds during the current award cycle. $7.2 million in State funding is available for Fiscal Year 2011-2012. Out of 108 applications statewide, 25 projects were selected. The complete list of selected projects can be viewed at: http://www.dot. ca.gov/hq/LocalPrograms/bta/PDFs/2010-11 ApprovedBTA_Proj ects.pdf "Caltrans improves mobility across California" Ms. Maryam Babaki August 10, 2011 Page 2 The schedule for future BTA Calls for Projects will be posted on the website below: http://www.dot.ca.gov/hq/LocalPrograms/bta/PDFs/2011-12 BTA Call for Projects_cklistRevl.pdf If you have any questions or concerns regarding this notice, please contact Edmund R. Kennedy, District BTA Program Manager, at (619) 688-6777 or edmund.kennedy@dot.ca.gov. Sincerely, ERWIN GOJUANGCO, CHIEF District Local Programs "Caltrans improves mobility across California" STATE OF CALIFORNIA—BUSINESS. TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER. Governor DEPARTMENT OF TRANSPORTATION DIVISION OF LOCAL ASSISTANCE P.O. Box 942874, MS-1 SACRAMENTO, CA 94274-0001 PHONE (916) 653-7409 FAX (916) 657-4455 TTY 711 www.dot.ca.gov October 17, 2011 BTA1112-11-SD-03 Mr. Stephen Manganiello City of National City Development Services Department Engineering Division 1243 National City Blvd. National City, CA 91950 Flex your power! Be energy efficient? Dear Mr. Manganiello; c' n Attached is the fully executed Local Agency — State Agreement (Agreement) for the apprised projec-.t°-.t This document identifies important dates for awarding contracts, submitting invoices and Ompleting projects. -0 Please see the Bicycle Transportation Account - Invoicing Instructions webpage for a downloadable invoice template, and instructions on preparing and submitting invoices for reimbursement. http://www.dot.ca. gov/hq/Local Programs/bta/BTA_Invoicelnstructions.htm. Per "Article V - Fiscal Provisions" of the Agreement, invoicing for project costs should begin by June 30, 2012, and at least once every six months thereafter. If necessary, submit project status reports on a regular basis if invoicing is not possible. Please keep the Headquarters Bicycle Facilities Unit and the District Local Assistance BTA Contact informed of the project progress. The funds for this award expire on June 30, 2017. Projects must be completed and a final invoice submitted by April 1, 2017. If you should have any questions, please call Penny Gray at 916-653-2750, or email her at, penny gray(c),dot.ca.gov. Sincerely, PENY GRAY Bicycle Program Manager Office of Special and Discretionary Programs Division of Local Assistance Attachment c: Edmund Kennedy-Dist-11 Jan Yu -Accounting "Caltrans improves mobility across California" (Page 1 of 3) RESOLUTION NO. 2011 — 212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A BICYCLE TRANSPORTATION ACCOUNT ("BTA") GRANT FROM CALTRANS IN THE AMOUNT OF $355,500, AUTHORIZING THE MAYOR TO EXECUTE GRANT AGREEMENT NO. BTA 1112-11-SD-03 BETWEEN THE CITY OF NATIONAL CITY AND CALTRANS , AND APPROPRIATING $202,627 FROM PROPOSITION "A" FUNDS FOR THE 4TH STREET COMMUNITY CORRIDOR BIKEWAY PROJECT WHEREAS, on September 14, 2011, the City was awarded a Bicycle Transportation Account ("BTA") Grant in the amount of $355,500 from Caltrans to complete the $1,200,000 4th Street Community Corridor Bikeway Project (the "Project"); and WHEREAS, before state funds are made available for the Project, the City is required to enter into an agreement to establish the terms and conditions applicable to the City when receiving state grant funds, and establishing the subsequent operations and maintenance of the Project; and WHEREAS, funding for the $1,200,000 Project will be provided by the following sources: Resolution No. Date Source Amount 2011-98 May 3, 2011 CDBG Funds for ADA Park Improvements, which is included in this Project and the local match to the BTA Grant $241,873 2011-133 June 21, 2011 FY 2011-2011 Tax Allocation Bond Fund $200,000 TBD Sept. 27, 2011 Transfer from the 8th Street Improvement — Palm Avenue to Paradise Valley Road Project $200,000 TBD Sept. 27, 2011 BTA Grant $355,500 Sub -Total: $997,373 WHEREAS, included in this Project are Proposition "A" qualified improvements, therefore, it is appropriate to appropriate the remaining $202,627 from Proposition "A" Funds to the 4th Street Community Corridor Bikeway Project Account, No. 307-409-500-598-6181. Sub -Total: $997,373 Amount being requested from Proposition "A" Funds $202,627 TOTAL: $1,200,000 (Page 2 of 3) Resolution No. 2011 — 212 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the Caltrans Bicycle Transportation Account ("BTA") Grant in the amount of $355,500 for the $1,200,000 4th Street Community Corridor Project. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute Grant Agreement No. BTA 1112-11-SD-03 between the City of National City and Caltrans for the BTA Grant funds. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of Proposition "A" funds in the amount of $202,627 to the 4th Street Community Corridor Bikeway Project Account, No. 307-409-500-598-6181. PASSED and ADOPTED this 27th day of September, 2011. ATTEST )� R. Della, t Michael y Clerk PROVE + AS • ORM: 'a' a 1 Silva City Attorne Morrison, Mayor (Page 3 of 3) Passed and adopted by the Council of the City of National City, California, on September 27, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Zarate. Nays: None. Absent: None. Abstain: Councilmember Sotelo-Solis. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California A of ationa Clerk of the City City CI I City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-212 of the City of National City, California, passed and adopted by the Council of said City on September 27, 2011. City Clerk of the City of National City, California By: Deputy RESOLUTION NO. 2011 — 212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A BICYCLE TRANSPORTATION ACCOUNT ("BTA") GRANT FROM CALTRANS IN THE AMOUNT OF $355,500, AUTHORIZING THE MAYOR TO EXECUTE GRANT AGREEMENT NO. BTA 1112-11-SD-03 BETWEEN THE CITY OF NATIONAL CITY AND CALTRANS , AND APPROPRIATING $202,627 FROM PROPOSITION "A" FUNDS FOR THE 4TH STREET COMMUNITY CORRIDOR BIKEWAY PROJECT WHEREAS, on September 14, 2011, the City was awarded a Bicycle Transportation Account ("BTA") Grant in the amount of $355,500 from Caltrans to complete the $1,200,000 4th Street Community Corridor Bikeway Project (the "Project"); and WHEREAS, before state funds are made available for the Project, the City is required to enter into an agreement to establish the terms and conditions applicable to the City when receiving state grant funds, and establishing the subsequent operations and maintenance of the Project; and WHEREAS, funding for the $1,200,000 Project will be provided by the following sources: Resolution No. Date Source Amount 2011 98 May 3, 2011 CDBG Funds for ADA Park Improvements, which is included in this Project and the local match to the BTA Grant $241,873 2011-133 June 21, 2011 FY 2011-2011 Tax Allocation Bond Fund $200,000 TBD Sept. 27, 2011 Transfer from the 8th Street Improvement — Palm Avenue to Paradise Valley Road Project $200,000 TBD Sept. 27, 2011 BTA Grant $355,500 Sub -Total: $997,373 WHEREAS, included in this Project are Proposition "A" qualified improvements, therefore, it is appropriate to appropriate the remaining $202,627 from Proposition "A" Funds to the 4th Street Community Corridor Bikeway Project Account, No. 307-409-500-598-6181. Sub -Total: $997,373 Amount being requested from Proposition "A" Funds $202,627 TOTAL: $1 200 000 Resolution No. 2011 — 212 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the Caltrans Bicycle Transportation Account ("BTA") Grant in the amount of $355,500 for the $1,200,000 4th Street Community Corridor Project. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute Grant Agreement No. BTA 1112-11-SD-03 between the City of National City and Caltrans for the BTA Grant funds. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of Proposition "A" funds in the amount of $202,627 to the 4th Street Community Corridor Bikeway Project Account, No. 307-409-500-598-6181. PASSED and ADOPTED this 27th day of September, 2011. Michael R. Dalla, ity Clerk PROVE I AS • ORM: Silva City Attorne on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on September 27, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Zarate. Nays: None. Absent: None. Abstain: Councilmember Sotelo-Solis. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-212 of the City of National City, California, passed and adopted by the Council of said City on September 27, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT \� MEETING DATE: September 27, 2011 AGENDA ITEM NO. 16 FEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant Agreement #BTA 1112-11-SD-03 between California Department of Transportation (CALTRANS) and the City of National City for the 4th Street Community Corridor Project #6181, and authorizing an appropriation from Prop "A" Fund in the amount of $202,627 to be used as part of the local grant match requirements for the project. (Funded by Prop "A" Funds) PREPARED BY: Stephen Manganiello DEPARTMENT: Develo., - l - i s-Engineering PHONE: (619) 336-4382 APPROVED B : EXPLANATION: The City of National City applied for and was awarded a partial grant (see attached award letter) in the amount of $355,500 to complete the $1,200,000 4th Street Community Corridor Project No. 6181. The City of National City was one of only 24 agencies to receive funding Statewide, and was the only recipient in the San Diego Region. For FY 2011-2011, Council approved $241,873 from CDBG Funding for ADA Park Improvements which is a portion of this project and can be considered as a match to the grant. Also approved for FY 2011-2012 was the use of the 2011 Tax Allocation Bond Fund in the amount of $200,000 for this project. As a companion item on tonight's agenda, it is requested that Council approve a transfer from the 8th Street Improvement — Palm Avenue to Paradise Valley Road project to this project in the amount of $200,000 which will also serve as a portion of the grant match. Included in this project are Proposition "A" qualified improvements and therefore it is requested that Council approve the appropriation of $202,627 that will supplement amount needed to cover the grant match. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Funds are available to appropriate from Prop "A" funding into account 307-409-500-598-6181 (4t" Street Community Corridor) in the amount of $202,627. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Grant award letter Grant Agreement #BTA 1112-11-SD-03 3 Resolution �� 4 \oa� \ c. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A BICYCLE TRANSPORTATION ACCOUNT ("BTA") GRANT FROM CALTRANS IN THE AMOUNT OF $355,500, AUTHORIZING THE MAYOR TO EXECUTE GRANT AGREEMENT NO. BTA 1112-11-SD-03 BETWEEN THE CITY OF NATIONAL CITY AND CALTRANS , AND APPROPRIATING $202,627 FROM PROPOSITION "A" FUNDS FOR THE 4TH STREET COMMUNITY CORRIDOR BIKEWAY PROJECT WHEREAS, on September 14, 2011, the City was awarded a Bicycle Transportation Account ("BTA") Grant in the amount of $355,500 from Caltrans to complete the $1,200,000 4th Street Community Corridor Bikeway Project (the "Project"); and WHEREAS, before state funds are made available for the Project, the City is required to enter into an agreement to establish the terms and conditions applicable to the City when receiving state grant funds, and establishing the subsequent operations and maintenance of the Project; and WHEREAS, funding for the $1,200,000 Project will be provided by the following sources: Resolution No. Date Source Amount 2011-98 May 3, 2011 CDBG Funds for ADA Park Improvements, which is included in this Project and the local match to the BTA Grant $241,873 2011-133 June 21, 2011 FY 2011-2011 Tax Allocation Bond Fund $200,000 TBD Sept. 27, 2011 Transfer from the 8th Street Improvement — Palm Avenue to Paradise Valley Road Project $200,000 TBD Sept. 27, 2011 BTA Grant $355,500 Sub -Total: $997,373 WHEREAS, included in this Project are Proposition "A" qualified improvements, therefore, it is appropriate to appropriate the remaining $202,627 from Proposition "A" Funds to the 4th Street Community Corridor Bikeway Project Account, No. 307-409-500-598-6181. Sub -Total: $997,373 Amount being requested from Proposition "A" Funds $202,627 TOTAL: $1,200,000 Resolution No. 2011 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the Caltrans Bicycle Transportation Account ("BTA") Grant in the amount of $355,500 for the $1,200,000 4th Street Community Corridor Project. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute Grant Agreement No. BTA 1112-11-SD-03 between the City of National City and Caltrans for the BTA Grant funds. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of Proposition "A" funds in the amount of $202,627 to the 4th Street Community Corridor Bikeway Project Account, No. 307-409-500-598-6181. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney STATE OF CALIFORNIA—BUSINESS, TRANSPORTA I ION AND HOUSING AGENCY EDMUNI) G. BROWN JR_ Governor DEPARTMENT OF TRANSPORTATION DIVISION OF LOCAL ASSISTANCE P.O_ Box 942874, MS-1 i ACRAMENTO, CA 94274-0001 'HONE (916) 653-0036 FAX (916) 657-4455 TTY 711 www.doi_ca.gov September 14, 2011 Ms. Maryam Babaki Development Services Director/City Engineer City of National City 1243 National City Blvd. National City, CA 91950 Dear Ms. Babaki; Congratulations! Flex your power! Be energy of%teienr! The following project has been approved for 201 1-] 2 Bicycle Transportation Account (BTA) funding. BTAI 1 12-11-SD-03 4`h Street Community Corridor Bikeway BTA awards now provide recipients with up to six years (through 2017) to complete projects. Recipients have one year to allocate (7/1/2011-6130/2012), and up to five years (7/1/2012- 6/30/2017) to encumber and liquidate the funds. Final invoices are due '1/1/2017 with funds lapsing 6/30/2017. This change in legislation provides local agencies plenty of time to complete projects, avoiding the need for cooperative work agreements or time extensions. Please note that cooperative work agreements to extend the time period funds are available are no longer an option. Early completion of projects is encouraged. Attached is the Local Agency — State Agreement (Agreement) for the approved project. This document identifies important dates for awarding contracts, submitting invoices and completing projects. Please abide by the terms of the Agreement to ensure your agency is reimbursed for the full award amount. Please see the BTA web pages for more detailed information on BTA allowable charges and invoicing instructions at: http://www.dot.ca.gov%hq/LocalProerams/bta/btawebPage.htm. After reviewing the Agreement, please print three copies, sign, and mail both to the address below by October 5, 2011. Once the Agreement has been fully executed, I will send an original to you for your records. You will then be able to submit invoices for reimbursement. When inquiring about the project, always include the BTA number found on the upper right of the first page of the Agreement. "Culuvnns improves mobility across Calfor-nia" Ms. Maiyam Babaki September 14, 2011 Page 2 Mail three signed originals by October 5, 2011 to: Penny Gray Bicycle Facilities Unit, MS-83 Division of Local Assistance California Department of Transportation P. O. Box 942874 Sacramento, CA 94274-0001 The District Local Assistance Engineer (DLAE) for your agency is your first contact on questions regarding the project. The DLAE, can help your agency ensure the project is constructed to standards required for bicycle transportation projects. The DLAE can also help with solutions if unexpected problems arise. The Division of Local Assistance website has a list of DLAEs and contact information at: http:/'www.dot.ca_gov/hq/LocalProerams/dlae.htm. I am your contact for the BTA in Headquarters and can be reached by phone at (916) 653-2750 or e-mail at oenny.gray a�dot.ca, ov. Again, congratulations on receiving a BTA award for an excellent project and submitting a well - prepared application. Sincerely, PENNY GRAY Bicycle Program Manager Division ofI,ocal Assistance Attachment c: Caltrans District Local Assistance Engineers (DLAEs) Caltrans District Local Assistance BTA Coordinators -Cola-arts improves mobility across Calf%ornia" LOCAL AGENCY - STATE AGREEMENT For BICYC'l.E TRANSPORTATION ACCOUNT PROJECT 11 City of National City_ District Local Agency Agreement No. RTA 1]]2-1 l -SD-03 TIIIS AGREEMENT, made in triplicate entered into effect as of this 1st day of July 2011, by and between the political entity identified above, a political subdivision of the State of California, hereinafter referred to as "LOCAL AGENCY", and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and together referred to as "PARTIES" or individually as a "PARTY". WITNFSSF,T1I: WHEREAS, under the provisions of Streets and I lighways Code Section 2106 (b) and Sections 890 through 894.2, as implemented by regulations in Title 21, Division 2, Chapter 10, of the California Code of Regulations, Bicycle Transportation Account funds (herein referred to as STATE FUNDS) have been allocated to LOCAL. AGENCY for the Bicycle Transportation Account project delined in "EXHIBIT A" attached hereto and hereafter referred to as "PROJECT"; and Whereas, before STATE FUNDS will be made available for PROJECT, LOCAL. AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the LOCAL AGENCY when receiving STATE FUNDS lbr a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW THEREFORE, the PARTIES agree as follows: ARTICLE 1 - Project Administration 1. This AGREEMENT shall have no force or effect with respect to PROJECT unless and until it has been fully executed by both STATE and LOCAL AGENCY, 2. EXHIBIT A designates the party responsible for implementing PROJECT, type of work, and location of PROJECT. 3. LOCAL AGENCY agrees to execute and return AGREEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may void AGREEMENT if not returned within the ninety (90) day period unless otherwise agreed by STATE in writing. 4. LOCAL. AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in EXHIBIT A, to comply with the terms and conditions of this AGREEMENT. 13TA 1 112-1 I -S D-03 1 5. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of the executed AGREEMENT. 6. Projects allocated with STATE FUNDS from the Bicycle Transportation Account (BTA) will be administered in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 7. LOCAL AGENCY shall provide or arrange for adequate supervision and inspection of PROJECT. while consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, LOCAL AGENCY shall provide a full-time employee to be in responsible charge of PROJECT. 8. LOCAL AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 9. The cost of maintenance, security, or protection performed by LOCAL, AGI NCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 10. LOCAL AGENCY shall design and construct PROJECT in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 11. LOCAL AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. 12. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. LOCAL AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM attached hereto as Exhibit B and further agrees that any agreement entered into by LOCAL AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit B (with third party's name replacing LOCAL AGENCY) as parts of such agreement_ 13. LOCAL AGENCY shall include in all subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirement that all workers employed on public works aspects of any project (as defined in California Labor Code §1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the LOCAL AGENCY. BTA 1112 -1 I -S D-03 2 ARTICLE II - Rights of Way 1. No contract for the constriction of PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT. LOCAL AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract. 2. The furnishing ofright ofway by LOCAL AGENCY as provided for herein includes, and is limited to, the following: a) Expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by LOCAL AGENCY. b) The cost of Furnishing of right of way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners or remainder real property not actually taken but injuriously affected by PROJECT. c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code Sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d) The cost of demolition andior the sale of all improvements on the right of way after credit are recorded for sale proceeds used to offset PROJECT costs. e) The cost of unavoidable utility relocation, protection, or removal. f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which LOCAL AGENCY accepts responsibility and where the actual generator cannot be identified and recovery made. 3. LOCAL. AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for PROJECT, including, but not limited to, being clear as certified, or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with federal and state laws. LOCAL. AGENCY shall pay from its own non -matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to LOCAL AGENCY hbr the orderly prosecution of PROJECT work. BTA 1 1 12- 1 I -SD-03 3 4. If PROJECT is not on STATE -owned right of way, PROJECT shall be designed and constructed in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California 'Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 5. If PROJECT involves work within or partially within STATE -owned right of way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual, Highway Design Manua], and California Manual on Uniform Traffic Control Devices and where appropriate, an executed cooperative agreement between STATE and LOCAL AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. LOCAI. AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE right of way or work which affects STATE facilities. ARTICLE ➢11 - Engineering 1 _ LOCAL AGENCY eligible costs for preliminary engineering work includes al] preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, preliminary surveys and reports, laboratory work, soil investigations, the preparation ofplans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration. 2. LOCAL AGENCY eligible costs for construction engineering includes actual inspection and supervision ofPROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Preliminary and construction engineering costs included in the estimate contained in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY will be on the basis of the actual cost thereof to LOCAL. AGENCY including compensation and expense of personnel working on PROJECT, required materials, and automotive expense provided, however, LOCAL AGENCY shall contribute its general administrative and overhead expense. 4. LOCAL AGENCY employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. 5. LOCAL AGENCY shall not proceed with final design of PROJECT until final environmental approval ofPROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT. BTA1112-11-SD-03 4 6. LOCAL AGENCY shall certify compliance or documentation of Categorical Exemption determination with the applicable provisions of the California Environmental Quality Act (CEQA) as defined in Title 14, California Code of Regulations; Chapter 3, Guidelines for Implementation of the California Environmental Quality Act. ARTICLE IV - Maintenance and Management l . LOCAL AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, LOCAL AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon LOCAL. AGENCY acceptance of the completed construction contract, or upon the contractor(s) being relieved of the responsibility for maintaining and protecting PROJECT, LOCAL AGENCY will be responsible for the maintenance, ownership, liability, and expense thereof for PROJECT in a manner satisfactory to the authorized representative of STATE, and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of LOCAL AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, LOCAL AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representative of the STATE. 3. PROJECT and its facilities shall be maintained by an adequate and well -trained staff of engineers and/or such other professionals and technicians, as PROJECT reasonably requires. Said operations and maintenance staff may be ernployees of LOCAL AGENCY, another unit of government, or contractor under agreement with LOCAL AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the completed PROJECT improvements. ARTICLE V - Fiscal Provisions 1. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT. 2. STATE shall have the right to terminate this AGREEMENT i fa contract for construction of PROJECT has not been awarded by LOCAL. AGENCY within the first fiscal year in which STATE FUNDS are allocated. 3. STATE shall have the right to terminate this AGREEMENT if PROJECT costs have not been invoiced by LOCAL AGENCY within the first fiscal year in which STATE FUNDS are allocated, and as a minimum_, to submit invoices at least once every six (6) months thereafter. BTA 1 112-11-SD-03 5 4. LOCAL AGENCY may submit signed invoices in arrears for reimbursement of allowable PROJECT costs on a monthly or quarterly progress basis once the AGREEMENT has been executed by STATE. 5. LOCAL AGENCY agrees to submit a status report within thirty (30) days upon STATE'S request for the report. The PARTIES agree that STATE may void AGREEMENT if the status report is not returned within the thirty (30) day period unless otherwise agreed by STATE in writing. 6. LOCAI, AGENCY agrees to complete PROJECT and submit a final invoice by April 1, 2017. STATE shall pay to LOCAL AGENCY the STATE FUNDS share of the actual cost of the PROJECT prior to June 30, 2017, the expiration date of STATE FUNDS included in this PROJECT. 7. Invoices shall be submitted on LOCAL AGENCY letterhead that includes the address of LOCAL AGENCY and shall be formatted in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 8. Invoices must have at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by LOCAL AGENCY. Al] costs charged to this AGREEMENT by LOCAL AGENCY shall be costs allowable under the California Bicycle Transportation Act. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of canceled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 9. Payments to LOCAL AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by LOCAL AGENCY. 10. State will withhold ten (10) percent of the total of a]1 STATE FUNDS lbr each progress invoice until LOCAL AGENCY submits the final invoice. 11. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, the required matching funds, and the ratio of STATE FUNDS to 1.00AL AGENCY funds may not be adjusted to cover PROJECT cost increases. LOCAL AGENCY agrees that any increases in PROJECT cost must be defrayed with LOCAL, AGENCY'S own funds. 12. I,OCAl. AGENCY shall use its own non -STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make a final determination of LOCAL AGENCY cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs. 3TA 11 12-11-S D-03 13. STATE FUNDS encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State Fiscal Year in which the funds were appropriated in the State Budget. STATE FUNDS not liquidated within this period will be reverted unless a Cooperative Work Agreement (CWA) is submitted by LOCAL, AGENCY and approved by the California Department of Finance in accordance with Government Code Section 16304. 14. The estimated costs of PROJECT are shown in EXHIBIT A. LOCAL AGENCY may, at its option, award contracts for amounts in excess of said estimates, and final project expenditures may exceed said estimates if sufficient local funds are available to finance the excess. It is understood that the allocation ()ESTATE FUNDS shall not exceed that shown in EXHIBIT A. 15. In the event LOCAL AGENCY'S final costs of PROJECT are less than said estimate by reason oflow bid or otherwise, the allocation of STATE FTJNDS will be decreased in relationship to the percent funded by STATE as shown in EXHIBIT A. 16. Exhibit C defined as the "Certification of State Funding" template, shall be made a part of, and completed by STATE, prior to execution of this agreement. l 7. Upon written demand by STATE, any overpayment to LOCAL AGENCY of amounts invoiced to STATE shall be returned to STATE. ARTICLE VI - Audits, Third Party Contracting, Records Retention and Reports l . STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and LOCAL AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article VI. 2. LOCAL AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of LOCAL AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles; enable the determination of incurred costs at interim points of completion; and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance and costs of LOCAL AGENCY'S contracts with third parties pursuant to Government Code Section 8546.7, LOCAL AGENCY, LOCAL AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited BTA11 I2- l-SD 03 7 to, the costs of administering those various contracts_ All of the above -referenced parties shall make such AGREEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to LOCAL AGENCY. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT' for audits, examinations, excerpts, and transactions and LOCAL. AGENCY shall furnish copies thereof if requested. 4. Any subcontract entered into by LOCAL AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article V, FISCAL PROVISIONS, and this ARTICLE VI, AUDITS, THIRD -PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 5. To be eligible for local niatch credit, LOCAL AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE V in the same manner that is required of all other PROJECT expenditures. 6. In addition to the above, the pre -award requirements of third -party contractor/consultants with LOCAL. AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. ARTICLE Vll - Miscellaneous Provisions 1. LOCAL AGENCY agrees to use all PROJECT funds reimbursed hereunder only for Bicycle Transportation Account purposes that are in conformance with Streets and highways Code Sections 890 through 894.2 and other applicable California laws. 2. LOCAL AGENCY shall confoirn to all applicable state and federal statutes and Local Assistance Program Guidelines (LPGL) and Local Assistance Procedures Manual (LAPM) as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature that may affect the provisions, terms, or liinding of this AGREEMENT in any manner. 4. Minor changes may be made in the PROJECT as described in Exhibit A upon notice to STATE. No major change, however, may be made to said PROJECT except pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY. BTA 11 12- 1 I -SD-03 8 5. LOCAL AGENCY and the officers and employees of LOCAL AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees, or agents of STATE. 6. LOCAf. AGENCY certifies that neither LOCAL AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and LOCAI. AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. LOCAI. AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona tide employees or bona fide established commercial or selling agencies maintained by LOCAL AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE'S discretion, to deduct from the price ofPROJECT, or otherwise recover, the fiill amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code, section 10296, LOCAL AGENCY hereby certifies under penalty of perjury that no more than one final unacceptable finding of contempt of court by a federal court has been issued against LOCAL AGENCY within the immediate preceding two (2) year period because of LOCAL AGENCY'S failure to comply with an order of a federal court that orders LOCAL AGENCY to comply with an order of the National Labor Relations Board. 9. LOCAL AGENCY shall disclose any financial, business or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT. LOCAL AGENCY shall also list current contractors who may have a financial interest in the outcome of PROJECT undertaken pursuant to this AGREEMENT. 10. LOCAL AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT initiated under this AGREEMEN"f_ 11. LOCAL AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion; to terminate this AGREEMENT without liability; to pay only for PROJECT work actually performed; or to deduct from PROJECT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE'S Contract Officer, who may consider any written or verbal evidence submitted by LOCAL AGENCY. The RT,A 1 112- I 1-S D-03 decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 13. Neither the pending of a dispute nor its consideration by Contract Officer will excuse the LOCAL. AGENCY from lull and timely performance in accordance with the terms of this AGREEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under, or in connection with any work, authority or jurisdiction of LOCAL AGENCY arising under this AGREEMENT. It is understood and agreed that LOCAL AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under this AGREEMENT. 15. Neither LOCAL AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under, or in connection with any work, authority or jurisdiction of STATE arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the LOCAL AGENCY and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) LOCAL. AGENCY failing to timely proceed with effective PROJECT work in accordance with this AGREEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT, STATE reserves the right to terminate funding for PROJECT upon thirty (30) days written notice to LOCAI, AGENCY. 17. No termination notice shall become effective if within thirty (30) days after receipt of a Notice of Termination, LOCAL AGENCY either cures the default involved, or if the default is not reasonably susceptible of cure within said thirty (30) day period the LOCAL AGENCY proceeds thereafter to complete that cure in a manner and timeline acceptable to STATE. 18. Any such termination shall be accomplished by delivery to 1,OCAL AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt; specifying the reason for the termination; the extent to which funding of work under this AGREEMENT is terminated, and the date upon which such tennination becomes effective if beyond thirty (30) days after receipt. During the period before the effective termination date, LOCAL, AGENCY and STATE shall meet to attempt to resolve any dispute. If STATE terminates funding for PROJECT with BTA 1 1 12-1 10 LOCAL AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI_ SKATE shall pay LOCAL AGENCY the sum due LOCAL AGENCY under this AGREEMENT prior to termination, provided; however, LOCAL AGENCY is not in default of the terms and conditions of this AGREEMENT and that the cost of any PROJECT completion to STATE shall lirst be deducted from any sum due LOCAL AGENCY. 19. The "PROJECT" shall be constructed as provided in this AGREEMENT and in accordance with those laws applicable to LOCAL AGENCY_ In the case of inconsistency or conflicts, the terms of this agreement shall prevail. 20_ Without the written consent of STATE, this AGREEMENT is not assignable by },OCAL AGENCY either in whole or in part_ 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA LOCAL AGENCY Department of Transportation City of National City By By PENNY GRAY, Bicycle Program Manager Bicycle Facilities Unit Division of Local Assistance Print Name: Ron Morrison Title: Mayor Date: Date_ nTA 1112-1 1-SD-03 11 EXHIBIT A ]PROJECT DESCRIPTIONAND.COSTS Local Agency: Cit of National City Agreement No. BTAI1/12-1I-SD-03 Project Location: Within the public right of way on 4°i Street between Roosevelt Ave. and Harbison Ave. in National City, Ca. Type of Work: Design and construct 2 miles of Class II Bike Lanes, including signing and striping, traffic calming measures, ADA upgrades, lighting and landscaping. Len th: 2.0 miles Funding Source Engineering / Design Right of Way Acquisition Construction Contract Total Cost Percent BTA $0 SO $355,500 $355,500 29.63% Local $300,000 SO S0 $300,000 70.38% Other $0 $0 $544,500 $544,500� Total $300,000 $0 $900,000 $1,200,000 100.00% RTAI ] 12-I 1-SD-03 12 EXIHBIT B FAIR EMPLOYMENT AND MOUSING ACT ADDENDUM l . In the performance of this AGREEMENT, LOCAL AGENCY will not discriminate against any employee for employment because of race, sex, sexual orientation, religion, age, ancestry, national origin, pregnancy leave, or disability leave. LOCAL AGENCY will take affirmative action to ensure that employees are treated during employment, without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical or disability leave. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. LOCAL AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided STATE setting forth the pro -visions of this Fair Employment section. 2. LOCAL AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and I lousing Act (Gov. Code § 1290-0 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Revs. Title 2, §7285.0. et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the LOCAL AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. LOCAL AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. The Contractor will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for purposes of investigation to ascertain compliance with the Fair Employment section of this AGREEMENT. Remedies for Willful Violations: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which LOCAL AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that LOCAL AGENCY has violated the Fair Employment Practices Act and has issued an order under Labor Code, section BTA1112-1I-SD-03 13 1426 which has become final or has obtained an injunction under Labor Code, section 1429. (b) For willful violation of this Fair Employment Provision, SPATE shall have the right to terminate this AGREEMENT either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services hereunder shall be borne and paid for by LOCAI. AGENCY and by the surety under the performance bond, if any, STATE may deduct from any moneys due or thereafter may become due to LOCAL AGENCY, the difference between the price named in the AGREEMENT and the actual cost thereof to STATE to cure LOCA1. AGENCY'S breach of this AGREEMENf- BTAI I12-11-SD-03 14 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax CALIFORNIA DEPT. OF TRANSPORTATION (CalTrans) Resolution No. 2011-212 Grant Agreement for 4th Street Community Corridor Project Steve Manganiello (Engineering) Forwarded Copy of Agreement to CalTrans